HomeMy WebLinkAbout915357
(J;
51351 (04)
()
,/
3·:)
'»:~;~ff.::~::ì
'::: :::;::::~:~~~~:;~
~;i;:-:::!ij;)~¡~t~~~~ 7 4
":;':~<\~;~ !~~')~() 1 "
RECORDATION REQUESTED BY:
FIRST NATIONAL BANK· WEST
Alpine
100 Greys River Rd.
P.O. Box 3110
Alpine, WY 83128
WHEN RECORDED MAIL TO:
FIRST NATIONAL BANK· WEST
Alpine
100 Greys River Rd.
P.O. Box 3110
Alpine, WY 83128
'-','.
RECEIVED 1/20/2006 at 10:17 AM
RECEIVING # 915357
BOOK: 610 PAGE: 174
JEANNE WAGNER
'~_ _.LINCOLN COUNTY CLERK, KEMMERER, WY
SEND TAX NOTICES TO:
FIRST NATIONAL BANK - WEST
Alpine
100 Greys River Rd.
P.O. Box 3110
Alpine, WY 83128
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MORTGAGE
THIS MORTGAGE dated January 19, 200Q, .is made arid executed between ASPEN HI.LLS INVESTMENT L.L.C., A
WYOMING LIMITED LIABILITY COMPANY (referred to below as "Grantor") and FIRST NATIONAL BANK - WEST,
whose address is 100 Greys River Rd., P.O. Box 3110, Alpine, WY 83128 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor mortgagclS and conveys to Lender all of Grantor's right, title, and interest in and to
the following described reai property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or
irrigation rights); and all other rights, royalties, and profits relatinQ to the real property, including without limitation all minerals, oil, gas,
geothermal and similar matters, (the "Real Property") located In LINCOLN County, State of Wyoming:
LOT 67 TRAIL RIDGE SUBDIVISION, SECOND FILING, LINCOLN COUNTY, WYOMING ,ACCORDING TO THAT
PLAT FILED SEPTEMBER 3, 2004 ,IN THE OFFICE OF THE LINCOLN COUNTY CLERKASPLAT NO. 225-G.
The Real Property or its address is commonly known as LOT 67 TRAIL RIDGE, ALPINE, WY 83128. The Real
Property tax Identification number is 36191010040800.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents
from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE,
THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PA YMENT AND PERFORMANCE. Except as otherwise provided "in this Mortgage, Grantor shall pay to Lender all amounts secured by this
Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by
the following provisions:
Ie 1 Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2)
use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor' shall maintain the Property in tenantable condition and promptly perform all repairs, replacements,' and
maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of
the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has
been, except as previously disclosed to and acknowledged by lender in writing, (a) any b(each or violation of any Environmental Laws,
(b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under,
about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any
kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by lender in writing, (a) neither
Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of
or release any Hazardous Substance on, under;, about or from the Property; and (b) aiw' such' activity shall be conducted in compliance
with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental laws. Grantor
authorizes lender and its agents to enter upon the Property tomake'such inspections and tests, at Grantor's expense, as lender may deem
appropriate to determine compliance of the Property with this ,section oUhe Mortgage. Any inspectio,:,s or tests made by lender shall be
for Lender's purposes only and shall not be construed to, creåte any responsibility or liability on the part of lender to Grantor or to any other
person. The representations and warranties" contained l1erein éjre baseq on Grantor's due, diligence in investigating the Property for
Hazardous Substances. Grantor hereby (1), releàses arid waives 'any future claims' a'gainst Lender 'for indemnity or contribution in the
event Grantor becomes liable for cleàl'lup' or other,dostsunder :any suchla'ws;¡ and" (2) agrèe's to>indemnify' arid hold harmless Lender
against any and all claims, losses, iiabilitie,s,d¡¡mages, p,en,aLties, and ,expenses<;,w;t1i<:hLencjer may ~.irectly,or indirectly sustain or suffer
resulting from a breach of this section of the Mortgage or as a consequencE! of any use," generation, manufacture, storage, disposal, release
or threatened release occurring prior to Grantor's owriership or interest in the Property, 'whetherò( not' the' s'ame was or should have been
known to Grantor. The provisions of this sectioriof the Mortgage, including the obligation tOiridemriify, shall survive the payment of the
Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be' affected by lender's acquisition of any
interest in the Property, whether by foreèlosure, ô~ ot~erwise. , '. "." , .
" c..... t'.. . . I.' ,'! '_," . .,_ . .~,' ~ " ~;.~. :;:. .'
Nuisance, Waste. Grantor shall not cause,,' conduc~, or permit any .nuisance ~or com~it, þermit, or: suffer any stripping of or waste on or to
the Property or any portion of the Property; W¡th'oiJt lii'pitingthe 'generality of ,the 'foreg,~¡ng; Gra~tor;wl"'Ìiot (emòve, or grant to any other
party the right to remove, any timber, minerals (includin¡joil and gas). coal, clay, scor'ia¡!soíl; gralielór:iöèkþroâucts without lender's prior
written consent. , ,':,>, ., ' , , , '! ,: '.
Removal of Improvements. Grantor shall 'hot ciemóìish or remove any Improvements from the Real Property without lender's prior written
consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to lender to
replace such Improvements with Improvements of at least equal value. " " '
lender's Right to Enter. lender and len(!er's agent~,and representatives may enter, µpon the He'll Propjjrty ¡It ,all reasonable times to attend
to Lender's interests and to inspect the Reäi Prpperty fo'r pLlrpos~s ofcGrán.tor's cQmpliance,,vvith,th.e terms arid conditions of this Mortgage.
Compliance with Governmental Requirements, Grantor shall promptly comply with all laws; .òrdinaní:'es, "and rêgúlations, now or hereafter
in effect, of all governmental authorities appliçable to the use, ,or occupancy of the Property, including without limitation, the Americans
With Disabilities Act. Grantor may contest in good, faith any :,uch law, ,or~inance, or reßulation and withhold compliance during any
proceeding, including appropriate appeals, so long as Grantor has notified lender in writing prior to doing so and so long as, in lender's
sole opinion, lender's interests in the Property'àrÉ! not jeopardized. lender may require Grantor to post adeqUate security or a surety bond,
reasonably satisfactory to lender, to protect lender's interest.
Duty to Protect. Grantor agrees neither to al:¡afldon or leaveunàttended the Property. Grantor shall do all other acts, in addition to those
acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the
Property. ' ,
..,:
.!;.
0915357',
~ ",'1i.
Page 2
Loan No: 761001109
MORTGAGE
(Continued)
","
TAXES AND LIENS. The following provisici~s/elati~~to the.taxes and liens on the Property are parto(thi~,Mort~age:
Payment. Grantor shall pay when due (and in ,all events prior to delinquencylall taxes, payroll, taxes, .special taxes, assessments, water
charges and sewer service charges levied against or on account. of the Property, a':1d ~hall pay when que aU claims for work done on or for
services rendered or material furnished to the Pr"oper'ty. Grantor ~hall maintain the Property fr"eeof any liens having priority over or equal to
the interest of Lender under this Mortgage;' exceþ(for 'those liiins sp~cificålly agreed toin writing by Lender,and 'except for the lien of taxes
and assessments not due as further specified in th,e Right~o COntest p,aiagraph. '
Right to Contest. Grantor may withhold payment of ar:¡y tax, assessment, or claim in connection with a good faith dispute over the
obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
Grantor shall within fifteen (15) days after the, lief! arises or, \1. a, lien is filed, withIn fifteen(15) days after Grantor has notice of the filing,
secure the discharge of the lien, or ifr.equested by Lencjer,'depósit.vyith Lender cash or a sufficient corporate surety bond or other security
satisfactory to Lender in an amount s'Ùfficìent to discharge'the' lien' plus any costsariCi reasonabie attorneys' fees, or other charges that
could accrue as a result of a foreclosure or sale under the lien. 'In any contest, Grantor shall defend itself and Lender and shall satisfy any
adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond
furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against
the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen ( 151 days beforea'ny '';:'''ork is. commenc~d, any services are furnished, or
any materials are supplied to the Property, ifany,rriechanicj~ He,fI, materialmen's lien, or other lien cou,ld 'be asserted on account of the
work, services, or materials. Grantor will upOn request of Lender furiJish ,to Leflder advance assurances. satisfactory to Lender that Grantor
can and will pay the cost of such improvements; ,.:.c,.:' . . .
PROPERTY DAMAGE INSURANCE. The following provisions·relating·to insuring the Property are a part of this Mortgage:
. ", ....., ','-'.' '. " .. ... - "': .. ,
Maintenance of Insurance. Grantor shall procure a.nd maintain pqlicie~ 9,f .fire insuraf!ce with standàrd. exten'ded coverage endorsements on
a replacement basis for the full insurable value còvèririg all.hi'iprovements on the Real Property Îli an·.amount sufficient to avoid application
of any coinsurance clause, and with a standard mortg'agee clause in. 'favor' of Lender. Gran~or shall also procure and maintain
comprehensive general liability insurance in suctÙoverage amounts as Le:nder may request with Lender bei.rig named as additional insureds
in such liability insurance policies. Additiopally, GråÌitor .shall maintain such other,insµrance: including b,utnotíimited to hazard, business
interruption and boiler insurance as Lender may require. . .Policies shall be written by, s~Ch inS¡.iraocecP¡T1panies and in such form as may be
reasonably acceptable to Lender. Grantor shall. deliver 'to Lender certificates of coverage' fror;n ea"di insurer containing a stipulation that
coverage will not be cancelled or diminished without a minimum of thirty (30) days'.prior vyritten notice. to Lender and not containing any
disclaimer of the insurer's liability for failure to give such notice. Each insurance policy ~Iso~hall ,include an endorsement providing that
coverage in favor of Lender will not be impaired in any Way by. any act, omission or default of. Grantor or any other person. Should the Real
Property be located in an area designated by ,the Director of the Federal Emergency Mamigement Agency as a special flood hazard area,
Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal.balance of the loan and any prior
liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise
required by Lender, and to maintain such insurance .tor the term of the loan. . : ....'
Application of Proceeds. Grantor shall promptly notify Lender of any. loss or damage to the Property if the estimated cost of repair or
replacement exceeds $1,000.00. Lender may make proQf of .Iòss if. Gfantò'r fails to do so within fifteen (15) days of the casualty. Whether
or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the
proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If
Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged .or destroyed Improvements in a
manner satisfactory to Lender. Lender shall, upon: satisfactory proof of such e"xpenditure, pay. or reimburse Grantor from the proceeds for
the reasonable cost of repair or restoration if !]rilntoris not ind,efault under this Mortgage.. Þ"r,.yproceeds· which have not been disbursed
within 180 days after their receipt and which .Le.nder has ,not.ï;i>rÎ1miried to the repair'or. res'tôfiítion'o{the' P~òperty shall be used first to pay
. ~ .' .' '.; ',. -," .... ,,' '. - ...." '.', ' I -', '_I·..; I .. r" '". .' ,.. .1. . .' . _,' .
any amount owing to Lender under this Mortg,a~~!th~n to pay acc~u,ed, ir:¡te~~st, ,.ar¡d ,t.~~ rern~il;lä¡¡r¡ ),f, ¡¡ny"shallbe applied to the principal
balance of the Indebtedness. If Lender holds any 'proceeds ¡¡ft~r payment in full of the Indebtedness, such proceeds shall be paid to Grantor
as Grantor's interests maý appear.' ";';" ,. '.. ,
Grantor's Report on Insurance. Upqn/eqH~s~ 9.fJ~nder,. hovv~ver. not more thanqnc¡¡ ~ ye,ar!Gra.'l~or.st1allfur()ish to Lender a report on
each existing policy of insurance showing:' (1} :th~.riarne ,olthe iniìur¡¡r;. (2)~he rišks in:surèct; . (3) the amount of the policy; (4) the
property insured, the then currerit replacement,v¡¡luepf'such'property, an'd.the rrianl;er,'o( detêrri1ini~g 'that'value; and (5) the expiration
date of the policy. Grantor shall, upon requesfbf Lender, hav.e an indep~nderit appraiser'satisf.acto"ry to Lender determine the cash value
replacement cost of the Prpperty~; '" :'., ',",,' .¡' .. . '. '." ".' .'
LENDER'S EXPENDITURES. If any action o"rþroceeding is'commenced that would materially affect Le'nder's interest in the Property or if Grantor
fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay
when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may
(but shall not be obligated to) take any action that Lender deems appropriate, including but not limit!!dto discharging or paying all taxes, liens,
security interests, encumbrances and othe'r èiàin:is,at anytìme I¡¡viedor placed on the Property and paying all. costs for insuring, maintaining and
preserving the Property. All such expenditures incurred of paid by Lender for such purposes 'willthen 'bear interest at the rate charged under the
Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness
and, at Lender's option, will (A) be payable'on demand; '(B) be added to the balance of the Note and be apportioned among and be payable
with any installment payments to become due during 'either . (1) the,~erm of any applicable insurance policy; or (2) the remaining term of the
Note; or (C) be treated as a balloon payment whichwi.1I be due andpay.able at the Note's maturity; The Mortgage also will secure payment of
these amounts. Such right shall be in addition to air other. rights and remedies to. which Lender may be entitled upon De(ault.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownershipof the PropertY åre apart of .this Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and mark~t;bletitleofrecord to the Property in fee simple, free and clear of all liens
and encumbrances other than those set forth in 'the Real Property description. Or in any titleinsurancirpolicy, title report, or final title opinion
issued in favor of, and accepted by, Lençfer in cpnriection with this Mortgage, and (b) Gr.antor has the ·full right, power, and authority to
execute and deliver this Mortgage to Lender. .¡,....' ....... ." .... . ..<", ',' :;¡". ..... . '.
Defense of Title. Subject to the exceptiori in the paràgr'aph above, Grantor warraiits·and:wil fore.v~rdefend the title to the Property against
the lawful claims of all persons. In the event IIÍ1Y'a:ètionor proceeding ,is comínencëd'th~t quks~ion!¡, Gr.antor'stitle· or the interest of Lender
under this Mortgage, Grantor shall defend,thè:actionat Grantor's expense'.. Grantor rnaYbe·,th~.r'l()minal pa.rtyin such proceeding, but
Lender shall be entitled to participate in th,e woc,~eding arid to be represented in ,the proc.eeding .b(cgúnselof Lender's own choice, and
Grantor will deliver, or cause to be..,geliv¡¡red, to Lender such,instrltment.s as Lender. maY/EJqÜ6st:tr,om.til1)e to time to permit such
participation. ' ..:: . . ." '.. - .
Compliance With Laws. Grantor warrants that'thè Property and Grantor's use of the Property complies' with all existing applicable laws,
ordinances, and regulations of governmental authorities. "',
Survival of Representations and Warrånti~'s. 'All representations, warranties, and. agreemEintsmade by Grantor in this Mortgage shall
survive the execution and delivery of this Mortgage¡ shall be continuing in nature, and shall remain in' full force and effect until such time as
Grantor's Indebtedness shall be paid in full., . .... . ".. '._ ... . ,: '.... . .' .'
CONDEMNATION. The following provision,s rela~ingio c6¡;demn'åtion:~roceedings are ap~rt .0.1 this "f:v1ortg'ag'e: .
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify. Lender in writing,: and Grantor shall promptly take
such steps as may be necessary to defend tllli/action and obtain the aware. Grantor' may be thi¡' nominal party in such proceeding, but
Lender shall be entitled to participate in the proceeding ahd tobe represented in theÞro.<;:eed¡ng'by'coun~~I.of its own choice, and Grantor
will deliver or cause to be delivered to Lender, such instruments and docurrtentation as inÌ!y be requested by Lender from time to time to
permit such participation. ,..":,, '.: . . "",', "! ..;. ;' :.' . ".
" "', '1';'," '. . " _ ' _ '¡', I',! ......, ':::.,' _,
Application of Net Proceeds. If all 0'( ariy parf of the Property is condemned by eminentdoma¡'n próceedings or by any proceeding or
purchase in lieu of condemnation, Lender may at its' eiection require that all or any portion of the net proceeds of the award be applied to
the Indebtedness or the repair orrest.orationof the Property. The net proceeds olthe award shall mean, the award after payment of all
reasonable costs, expenses, andattor~eys'fe~s incurred by Lender in connection with, the condemna·tion..,
ì
?;~i~mm~~~m~m~
Page 3
O~lS35?
Loan No: 761001109
MORTGAGE.
(Continued)
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The foll~wing provisions 'relating to governmental taxes,
fees and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Gr~ntor shall execute such dotLimentsin addition to this Mortgage and take
whatever other action is requested by lender to 'perfect and ,continue lender's lien on:the Real Property; Grantor shall reimburse Lender for
'all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without
limitation all taxes, fees, documentary stamps"and other~harges ,fonecording or registering this Mortgage;:
Taxes. The following shall constitute tax~s tb ,which this séc~io'n applies: (1) a specific tax uponthis type of Mortgage or upon all or any
part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor whiCh Grantor is authorized or required to deduct from
payments on the Indebtedness secured by this type of Mortgage; (3) e tax on this type of Mortgage chargeable against the Lender or the
holder of the Note; and (4) a specific tax on all or any portion of:the Indebtedness or on payments of principal and interest made by
Grantor.
.!.. - , .
Subsequent Taxes. If any tax to which this section applies is enacte,d subsequent to the date of this Mortgage, this event shall have the
same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below
unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens
section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS, The following provisions relating to this Mortgage as a security agreement are a part of
this Mortgage:
Security Agreement, This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
Lender shall have all of the rights of a secured p'arty 'under "the Uniform Commercial Code as .amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action is requeste.d by Lend,er to perfect and continue Lender's
security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any
time and without further authorization from ÇJrantor, file ,executed counterparts,copie:?, or ,reproductions of this Mortgage as a financing
statement. Grantor shall reimburse Lender for, ¡¡II eJÇpenses, incurred in perfecting or continuing, this security interest. Upon default, Grantor
shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not
affixed to the Property in a manner and at a place reasonably convenient to Grantor and lender and make it available to Lender within three
(3) days after receipt of written demand from Lenèlèrto the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which infor!riation concerning the security interest
granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this
Mortgage. '
FURTHER ASSURANCES; ATTORNEY-IN-FACT, T,he following provisions relating to further assuran~es~n~ attorney-in-fact are a part of this
Mortgage: ' '
Further Assurances. At any time, and from time to time, upon reque,st of Lender, (]ra~tor ~iII'make, execute and deliver, or will cause to
be made, executed or'delivered, to Lender or to Lender's designee, and when requested' by Lender, cause to be filed, recorded, refiled, or
rerecorded, as the case may be, at such times and in such offices arid places as Lender may deem appropriate, any and all such mortgages,
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance,
certificates, and other documents as may, in the sole opini.on.ofJender~ .be, necessary or desirable in order to effectuate, complete, perfect,
continue, or preserve (1) Grantor's obligations under the Note.' this' Mortgage, and the Related Documents, and (2) the liens and
security interests created by this Mortgage as first and prior lientfóh the Property, whether now owned or hereafter acquired by Grantor.
Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lende[ for all costs and expenses incurred in
connection with the matters referred to in this p~~a~~aph. , , ' . '" . ,'" ,
Attorney-in-Fact. If Grantor fails to do any of the' ttir~gs reierredto' in 'the preceding p~tagraph, lè~der may do so tor and in the name of
Grantor and at Grantor's expense, For such purposes, Grantor hereby irrevocably appoints Lender ,as Grantor's attorney-in-fact for the
purpose of making, executing, delivering,filing, Ì"åcording, and doing all other things as may be necessary or' desirable, in Lender's sole
opinion, to accomplish the matters referre'd to in the preceding paragraph., ' ,.. \.' . . . ':
'., - .. '.-.' .. , . , . ,',;' ".~' - '''''.. ¡. - " .
FUll PERFORMANCE. If Grantor pays' all the((lde~tedriess whèri dye, arid otherwise performs all ,the Òbiigations imposed upon Grantor under
this Mortgage, Lender shall execute and deliver tOG'ràntór a suitabfè 'satisfaction 'of this Mortgage andsûitðblestatements of termination of any
financing statement on file evidencing Lender's seáirity interest "in the 'Rents and the PersonâlPropérty. 'Grantor will pay, if permitted by
applicable law, any reasonable termination fee as determined by Lender from time to time.',
- ; , . '! ..: .,', _. . _ " '. ~ ., , " . ~ i
EVENTS OF DEFAULT. Each of the following~ ~~ LeÍ1d~r's QptiÇJn, .shé\~1 constitute an Event of ,oefflult under this Mortgage:
Payment Default. Grantor fails to make any payment when due under the Indebtedness." ,
Default on Other Payments. Failure of Grantor within the time required by this Mortga'ge to make any payment for taxes or insurance, or
any other payment necessary to prevent filing of or to·effect discharge of any lien;
-,' ,','. -'.. ".
Other Defaults. Grantor fails to comply with or 'to pèr"torm ànyother term, obligation, covenant or condition contained in this Mortgage or
in any of the Related Documents or to comply with or to perform any term, obligation, coven'ant or condition contained in any other
agreement between lender and Grantor. '
Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales
agreement. or any other agreement, :infavor of any 'other 'creditor or person that may-materially affect- any of Grantor's property or
Grantor's ability to repay the Indebtedness or Grantor's - ability to perform Grantor's obligations under this Mortgage or any related
document. '
False Statements. Any warranty, representation or statement rt:1Gide or 'furnished to Lender by Grantor or on Grantor's behalf under this
Mortgage or the Related Documents is false or misleading În any material (e,speet,either, now or atthe ,time made or furnished or becomes
false or misleading at any time thereafter. ,',',," .,
. ':: . :', -' . " :.~ - . '., . , " - ~ . - . . . .
Defective collateralization. This Mortgage'or'a'ny .of thé Relate'~ Docu[11ent~ceases to be in.fuH fO,ree arid effect (including failure of any
collateral document to create a valid and perfe~ted s,efurity intere:stor!ie~) ai 'any' ti,m.eal1d' for any 'reason.. "
Death or Insolvency. The dissolution of Granto~'~(regardless,pf,whetlJer~leêtiontocontif)ueismaç!e)"any ,member withdraws from the
limited liability company, or any other terminatiC}:nof ,Grantor's èxistence. asa ~oing husinessor thè deat~'of any member, the insolvency of
Grantor, the appointment of a receiver for any þ'artpf Gràntor's property, any ašsigrimerìt for 'the benefit of Creditors, any type of creditor
workout, or the commencement of any proce~ding under any bankruptcy or insolvency laY"s by or against Grantor.
~ " :. - , . '. I . " '. .. " _ . _.. . : "
Creditor or Forfeiture Proceedings. Commencement ,of foreclosure or forfeiture proceedings; wheth'er by judiciåi proceeding, self-help,
repossession or any other method, by any creditor ,of Grantor. or by any ,governmental' agency against any property securing the
Indebtedness. This includes a garnishment of'any of Grantor's accounts, includirig depôsit accounts, with Lender. However, this Event of
Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness 'of the claim which is the basis of the
creditor or forfeiture proceeding and if Grantorgi\iei¡: Lender written notice of the creditor or forfeiture proceeding"and deposits with Lender
monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined 'by Lender, in' its sole discretion, as being an
adequate reserve or bond for the dispute. !""'" " ',' '_' ,: ""':,,' '
Breach of Other Agreement. Any breach by G'råntor under thé, terms ,of any' other agreement bêt~een Grantor and Lender that is not
remedied within any grace period provided therein, 'including without limitation anyagreemen~ concerning any indebtedness or other
obligation of Grantor to Lender, whetherexisti~g nOyv"or later. ,',', ,
Events Affecting Guarantor. Any of the precedinge\ients occur!! with respect to any guarantor, E!ndorser, surety, or accommodation party
of any of the Indebtedness or any guarantor, endorser, surety, or accommodation ,party dies, or bec.omes incompetent, or revokes or
disputes the validity of, or liability under, ¡jnY,Gu~ranty of the rnde,bt~dness. In the event,of a deijth"LendE;!f, at its option, may, but shall
not be required to, permit the guarantQr's es~ate to aS~lJme µncdnditionally the' oblÌgations arising under· the guaranty in a manner
satisfactory to Lender, and, in doing so, cure any Event of Default,
Adverse Change. A material advers,e chångeo~curs in ,Gràntór's financial conditio~n', or Lendêr bel}eves, the prospect of payment or
performance of the Indebtedness is impaired. ",,'"
Insecurity. Lender in good faith believes itself'inseeure.' ' ,
, ,
".) ,
,...~.;}.
( 0, G-<J c:'35~~
Loan No: 761001109 JJ4."J .
MORTGAGE
. (Continued) ';.
, :'! I,! :..~,.
: 0 . ~ ~. :,.
, C,O;ol "'/7
Page 4
¡····.·.1-'
. ,- . . ....'.: " .
RIGHTS AND REMEDIES ON DEFAULT. Upon the Occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may
exercise anyone or more of the following rights and remedies; i'n addi,iò'n to -any other rights or remedies provided by law:
. '. . . '.:' - ." ',"". ',., :." I
Accelerate Indebtedness. Lender shaU. nave tl1e right ¡It its option without notice to Grà'ntor to'dei:lare the entire' Indebtedness immediately
due and payable, including any prepayment pen~,Ity w~ich Gr.al)torlN()uld be requiredtopay.,
....:, t.' . ~-:. ..0." " '.,: .. ' . ',' I - '. " . '. '0', ' '" . " .
UCC Remedies. With respect to all or any part,Qfthe, Personal" Property, Lenders(1all have all the, rights and remedies of a secured party
under the Uniform Commercial Code. . '. <. .... .
Collect Rents. Lender shall have the right,. witho'utnôticéto-:Grflntoi, to'tlike possession of the P~ci'peity,H;(;IUdihg' during the pendency of
foreclosure, whether judicial or non-judiciat; an'd coHect the Rent::;, including amounts 'past due and unpaid, and apply the net proceeds, over
and above Lender's costs, against the Indebtedness, In fUrthl!rance oUl1is right, tapder may. require any tenant or other user of the
Property to make payments of rent or u::;e fee::; directly to. Len dei. ltihe .Rents are collected, by L~nder, then Grantor irrevocably designates
Lender as Grantor's attorney-in-factt() endors.e,instrumentsre~eived in payment thereo/ in the' name of Grantor and to negotiate the same
and collect the proceeds. Payments by tenants' or other users to LenC:fer in response to Lender's demand shall satisfy the obligations for
which the payments are made, whether or nof any proper 'grQ'unds fo:r ·the demand ·existed. Lender may exercise its rights under this
subparagraph either in person, by agent, or through a receiver..,
Appoint Receiver. Lender shall have the righpo have .a receiver appointed to take possession of all or any .part of the Property, with the
power to protect and preserve the Property,: to Òperate .the. '('¡oparty preceding foreclosl,lre or sale, and to collect the Rents from the
Property and apply the proceeds, overand:abovethe cost'ot'ttia receivership, against the Indebtedness. The receiver may serve without
bond if permitted by law,. Lender's right to the appointment of .a receiver. shall exist whether or not the apparent value of the Property
exceeds the Indebtedness by a substantial ampunh Employment by Lender shall not çlisqualify a ·personfrom serving as a receiver.
. " ,::.. ',.. ,.1 - . "
Judicial Foreclosure. Lender may obtairi a judicial decree foreclosing Grantor's interest in all or any part of the Property.
Nonjudicial Sale. Lender may foreclose Gr~ntor'~;in,e¡e$tïn anor in:any part of the PropertYbyi\On-j~d'icial sale, and specifically by "power
of sale" or "advertisement and sale" foieclb,su~ea.~pfovidedbystatu~e. .,.. ..~
Deficiency Judgment. If permitted by applicable la\iV, Lender may' obtain a judgment for any.deficiencyremaining in the Indebtedness due
to Lender after application of all amounts received}rom th~. exe,rciseof the right¡1 pro~idççl in.t~is ~ectiq~.
Tenancy at Sufferance. If Grantor remains in 'possession of the Property after·the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor, Grantor shaU b~come a tenant at sufferance of Lender or the
purchaser of the Property and shall, at Lender's 9¡¡tion, either. (,11 Jay ~ reasonable rental for the use of the Property, or (2) vacate the
Property immediately upon the demand of Lender: .,.', .. .,' .' : . .'
. ,'. ,',' f",._ _. . _".. .
Other Remedies. Lender shall have all other right::;B!'Idremeçlies.provided in this MOrtgage or.the.Not~Qr available at law or in equity.
.'. '.. '::--:' ~ ',' .. :,- ," .t- 0.1." :' .' },," "'_ ' _,' ". o{", "'~'.: ,'.' ,
Sale of the Property . To the extent permitted by· á'pplicable"law, ·.GrantorhereÞy waives any· and' all' right to hé;lve. the Property marshalled.
In exercising its rights and remedies, Lender shall. be free to sell all or any part of the Property together .or separately, in one sale or by
separate sales. Lender shall be entitled. to bid at any public sale on all' or any portion .ofthe Property, '.' "
Notice of Sale. Lender shall give Grantor reasònable notice óf the time and place of any public sale of the Personal Property or of the time
after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice
given at least ten (10) days before the time of the sale or disposition, An1(sale of the Personal Property may be made in conjunction with
any sale of the Real Property. '.' '.'
Election of Remedies. Election by Lender topliisue àny re'medv' shall not exclude pursuit of any other remedy, and an election to make
expenditures or to take action to perform an obligation of Grantor under this Mortgage.' after Grantor's failvre to perform, shall not affect
Lender's right to declare a default and exercise,itf¡Jemedies. Nothing under}his MorHH ge(lrpth~rlNise,::;hall~!,!construed so as to limit or
restrict the rights and remedi~s avaIlabl.e to Len~erfoll"owing an.,Event of Default, or in ¡¡ny. v'(aY,tp li,!,it,pr ~es~rict the rights and ability of
Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any
other collateral directly or indirectly se'cÜring the Indebtedness. . ; .', "".' ,. "I' ';".- I "[I~' . .:. "
, "': "":1"' ,;.'.' " ..' ..... '.'. ~} ~ : ':"
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage~ Lender shall be entitled to
recover such sum as the court may adjudge reasonable 'as attorneys' fees at trial and 'upon 'any aþþeal:,iWhetheror not any court action is
involved, and to the extent not prohibited by law, all. reasonablè' 'expenses L~nder incllrs that in Lender's opinion are necessary at any time
for the protection of its interest or the enforcel)1eÌ1t of its rights shall become a. part of the· !ndebredoess p¡¡yable .on ,demand and shall bear
interest at the Note rate from the dateqf th~expenditure"until repaid.. Expenses covered by ihi!l paragraph include, without limitation,
however subject to any limits under applicaþle,!é;lW, Lender's.rea,wnable attorneys' fee,s a:n~ Lender's I~gal e~penses whether or not there is
a lawsuit, including reasonable attorneys' fees and expensèsfor '. bankruptcy proceedings (inclljding. efforts to modify or vacate any
automatic stay or injunction). appeals,ä'nd,any anticipated post-judgment collection ser,vices; the co'st of searc'hing records, obtaining title
reports (including foreclosure reports).sur~eyôrs"reports, and appra'isal fees and .title insui¡¡nce, to' th'e extent permitted by applicable law.
Grantor also will pay any court costs, in ad~itipn tó' all other sum.s providedbYJaw. . " "".
NOTICES. Any notice required to be given under this Mortgage, .inclvding withO'ut limitation any notice of default and any notice of sale shall be
given in writing, and shall be effective, when actually deliyered, when actually. re.ceived by telefacsimile .(unless otherwise required by law). when
deposited with a nationally recognized ove-rnight courier, , or, if mailed, when deposited. ¡nthe Uniteèl' States. inail, as first class, certified or
registered mail postage prepaid, directed ro the'addre~s~s, s_h9wn 'ne'af the 'beginning of thi~ Mortgage. . All copies of notices of foreclosure from
the holder of any lien which has priority over this Mortgage shall be sllntto Lender.'S address,asshownnl!ar the beginning of this Mortgage.
Any party may change its address for noiices'un:èlè{~hjs,Mortg¡¡ge by giving' formal writtënnoiii;eUtotheorher parties, specifying that the
purpose of the notice is to change the party's address. For notice purposes, Gfé¡ntor agiees to keep Lender informed at all times of Grantor's
current address. Unless otherwise provided or 'required' by law, it th'ere is more than one Grantor, any notice given by Lender to any Grantor is
deemed to be notice given to all Grantors. ' . , .'
^.\.
MISCELLANEOUS PROVISIONS. The following.mi~~eli~rie,!úsprovisiöhsare a pa,rt of this Mortgage:.'
Amendments. This Mortgage, together with any Related Documents. constitutes the entire understandi'ng and agreement of the parties as
to the matters set forth in this Mortgage. No alteratibno,f or amendment to this tylortgageshal I:>e .effecti~e unless given in writing and
signed by the party or parties sought to be chargee! or bourld'by the alteration or amendment. .
c·,·,"t-'.. -., . ,.'. , :_', ;" '.-_' '. "::. .......
Annual Reports. If the Property is used for.pûrp.ôses other, than. Grantor's' residence) Grantor stujll' furnish to Lender, upon request, a
certified statement of net operating income raceive-d(from the 'Propertyduring Grantor's previous fiscal year in such form and detail as
Lender shall require. "Net operating iné:ome"$h"all.m~an all ca'sh receipts frôm the PropE¡rtýlessall cash expenditures made in connection
with the operation of the Property. . ",.; ....
.~,. . ., '.
Caption Headings. Caption headings in this Mortgage are for çonveniènce purposes only and are, not to be used to interpret or define the
provisions of this Mortgage. " ,.',;0".:<" ,:: " "" ' '. '
Governing Law. This Mortgage will be governêd·by federal law applicable to Lender and, to the extent not preempted by federal law, the
laws o.f the State of Wyoming without regard tolt~,conf'icts ,of la~ provision!!., .Thi~ Mo¡rtgagehas Þee'1¡accepted by Lender In the State of
Wyoming. .._".' ,..,': ,- .';'¡",..:"c.\ .'-..,... .""". ',:
ChoIce of Venue. If there is a lawsuit, Gräntor' agrees l,Ipon Lender's requ.est to submitto the juiisdiction' of the courts of Lincoln County,
State of Wyoming. .". '
No Waiver by Lender. Lender shall' not bedeeined to have waived any rights' under this Mo'rtgageUnl'esssuch waiver is given in writing
and signed by Lender. No delay or omission on the part of Lender in exercising any right: shall operate asa waiver of such right or any
other right. A waiver by Lender of a provisiqn of this Mortgàge shall not prejudièe or ,constitute a waiver of Lender's right otherwise to
demand strict compliance with that provision oranyother provisibn of this Mortgage. Np ¡¡rior waiver· by Lender; nor any course of dealing
between Lender and Grantor, shall constitute:a waiver of any of Lender's rights 'or of. any of Grantor's· obligations as to any future
transactions. Whenever the consentofL.:ender is required under this Mòrtgage, the grànting of such consent by Lender in any instance
shall not constitute continuing cQnsent to' subsequent instances where such cons'entis required and in all cases such consent may be
granted or withheld in the sole discretion of Le,n.deL· ,:'>' . ....::., .' ., .
Severability. If a court of competent jUrisdiction finds' any provision of this Mortgage to be illegal; ìnvaiid, ôrunenforceable as to any
circumstance, that finding shall not makethe offending provision illegal, invalid, or unenforcèa~le·aS·to·'anydtherêircumstance. If feasible,
the offending provision shall be considered mo.difiedso thatit be'com~slegal, validanc!'enforceable:,lhheoffending provision cannot be so
;..' ~,,:'" "T}"
!ill.~i;~h~~·~mi..¡1t·
¡·I·,li!i+tI~il~~;J.~~~
-!.!.!.L."ffi!ò..ffi,<:J.
.,
....
....
¡¡:fili¡¡¡~1Imj
,,",
Loan No: 761001109
PÜ"\'l ~3'57'¡"': .....
UJL.::ï ;'. ··,i··.
MORTGAGE
(Continued) .
;,--.1'
, '..~';¡'¡''r{ '1," "'7' ·8
ç,p.,.\. .¡
'..1 d,-;-' .
Page 5
- : ..! ~
'! ',,' " ,. ".'
modified, it shall be considered deleted from this Mortgage. Unless otherwise réquired by law, the illegality, invalidity, or unenforceability
of any provision of this Mortgage shall not affect the legality! validity or enfor~eability of ~ny ~th~r~ro~i~ion of this Mortgage.
Merger. There shall be no merger of the interest' or estate created by this Mortgage with any.:cith~rinte·re~t {)r estate in the Property at any
time held by or for the benefit of Lender in anY,cap,acity, witho~tthe written .consent of Len~er,':'p .".
Successors and Assigns. Subject to any limitations stated in' this 'Mörtg'àge' on transfer' of Grantor's interest,thisMortgage shall be binding
upon and inure to the benefit of the parties, their sUccéssors and assigns. . If ownership of. the Property:becomes vested in a person other
than Grantor, Lender, without notice to Grantor,'may deal with Grantor's s'uêcessois with reference to this Mortgage and the Indebtedness
by way of forbearance or extension without re,l~a.si.ng Grantor from the obligatìons of this Mortgage or liability under the Indebtedness.
Time is of the Essence. Time is of the essimce. in thé perfoimanc~ of this Mortgage. '" " ", ; .
Waiver of Homestead Exemption. Grantor hereb,yreleases anct waives all rights and benefits of the.horr¡esfead exemption laws of the State
of Wyoming as to all Indebtedness secured by' this Mortgage. ." . ... ". . ,
DEFINITIONS. The following capitalized wordsand1:erms shall have the' following meanings when.used in this Mortgage. Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts in lawfui money of the United States of America. Words and terms
used in the singular shall include the plural, and the plural shall include the singular, as the contéxt may require. Words and terms not otherwise
defined in this Mortgage shall have the meanings attributed to suCh te.rms in the ~niform Commercial Code:
Borrower. The word "Borrower" means ASPEN HILL INVESTMENTS L.L.C. ånd includes all co· signers and co-makers signing the Note and
all their successors and assigns. ':" '. , .
1i " ! ._,
Default. The word "Default" means thE Default.s~t.fprth in this Mortgage in the sectiontitl.ed. "Default".
Environmental Laws. The words "Environmental Laws" mean any and åll state, federal anti local statutes, regulations and ordinances
relating to the protection of human heålth' orthe environment; inCluding withóut limitation. theCoinprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amentled, 42 U.S;C.Secti6n '9601,et:'seq; ¡"CERCLA"), the Superfund Amendments and
Reauthorization Act of 1986, Pub. L. Nci: 99-499 ("SARA"), theHazardous MaterialsTransportation Act, 49 U.S.C. Section 1801, et seq.,
the Resource Conservation and Recovery'Act;.42U.S.C. Section 6901, 'et seq., or otheråpplicable state or federal laws, rules, or
regulations adopted pursuant thereto.
Event of Default. The words "Event of 'Oefault···' mean 'any ohhe events of defaultset"'foith in this Mortgage in the events of default
section of this Mortgage.
Grantor, The word "Grantor" means ASPEN HILL INVESTMENTSL.L.C:.
,\, ..
Guaranty. The word "Guaranty" means the.aqara~ty Jromgu~ra'ntor, ehd8~ser, ~ur~ty,or acco~rno~ation party to Lender, including
without limitation a guaranty of all or part of the N91'Ek' ..' .
'I. -, -". '.,-'. .~/ ',' .:"
Hazardous Substances. The words "Hazardous. S\Jbstance~" ~ean materials that, because of their quantity, concentration or physical,
chemical or infectious characteristics, may cause or pose a present or potèntial hazard to human health or the environment when
improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous
Substances" are used in their very broadest sense and include without limitation any and all hazardoUs or toxic substances, materials or
waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum
and petroleum by·products or any fraction thereof.and asbe·~tôs.-":"· '.."" '. I
Improvements. The word "Improvements"means aU existing arid future ;¡rpprovements; buildin'gs~ structÙres, mobile homes affixed on the
Real Property, facilities, additions, replacements and other construction on the ReaLProperty.
Indebtedness. The word "Indebtedness" .meansaU'principal, int~rest,.í'lndothera~6unis, (:9sts..a.rid¢~pensês payable under the Note or
Related Documents, together with aU renewals .Qf,. extensions of, modifications:of, çonsolidatiôns'ofaf1d sUbstitutions for the Note or
Related Documents and any amounts expended' or âdvahced by Lender to discharge Grântof's cìblig~tïons'or expenses incurred by Lender to
enforce Grantor's obligations un~er this Mortgage; together with interest on such amounts as provided in this Mortgage.
'- , .. ~ -, ',' . ,
Lender. The word "Lender" means FIRSTNATIQNÀL BANK - WEST, its succes'sors andassigns.·
, ',." ,,' . .. ..; :' , " ' , -,,,: . ~,- f''-'" ' 1 ;'11 - ,:" ". :
Mortgage. The word "Mortgage" means. this Mortgage;between Grantor and Lender.,:,' ,f:;.
;... _ ,~. L . ,', , '-, " . , " ':._ :,.' 1 , _~':'." ,; -'.' ~ , ',' .
Note. The word "Note" means the promissory' note dated Järtuâry 19,2006, in theorigihalprinciþal"aniount of $162,063.68
from Grantor to Lender, together with állrèneWals"of;éxten'sions of, modific'ations of.'iefinåncihg$of~'consolidations of, and substitutions
for the promissory note or agreement.
Personal Property. The words "Personal,Prop\3rty" lT1ea~ aU equipl1}ent, fixtures,and.. oth,t ~~HCI~~of, .p~r~?~~1 'p¡?~erty now ?~ hereafter
owned by Grantor, and now or hereafter attact1e~,pr. affDçed. to the Real Property; together With all acceSSions, parts, and additions to, aU
replacements of, and all substitutions for: any'c't such property; and together with aU proceeds (including without limitation all insurance
proceeds and refunds of premiums) from any sàlè 'or other disposition ofthe Property.···· ",' .
Property. The word "Property" meal)~ collectiv~IŸ. the. Real Property' and the' PersonalProp~itÝ ~. .:.
Real Property. The words "Real Property" meàn the real property, interests and rights, as further described in this Mortgage.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, 'Ioan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral. mortgages, and all other instruments,
agreements and documents, whether nowpr he r'e,a tter existing,. executed in connectio(1 ,with the Indebtedf1éss.
Rents. The word "Rents" means aU present ¡lOdfutute rents, .revenues, income,issues, royalties, profits, and other benefits derived from
the Property.' '., '. . .. . .
, ".
:i·
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS.
GRANTOR:
"p"'¡
'.,
'\"~" ~~.
f'\ "'"j~
I v-....\JN ..,
ASPEN, tilLL .
~ '"
. " ,,'
',. ..' .'. ...... 'M; '. ,.......1,....................."....,.......... ".
BY" ~~tylLrrWtr.
PAULA. CURRIE.. .' Memb.er.. .of ASPEN HILL
INvESTMENTS L.L..C. '
ASPEN H'll'~ ."
BY:~
DA VID CURRIE, Member . of
INVESTMENTS L.L.C.
~ '" '.' .'. . ,~.. . '
j";,
'1'
<",
, ,'~
'-".
Loan No: 761001109
0915357
I,.
MORTGA'Gé: '
(Continued) .
..,00 1 7 9
Page 6
,
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT,
t<ÅREtU: W\'4E -NQTMY PUBUG
tour.ty at' S!a!e of
UncolC\ '. " '.. WY'im!r1Q
My C~m¡~,~,~o(p¡(e$ Je) ~ 10
On this lO,of1.1 day of J~~ '..' ,', 20 0 Co· ,before me, the U~~erSig'ned Notary Public, personally
appeared DAVID CURRIE, Member; PAULA CURRIE, Me er of ASPEN HILL INVESTMENTS L.L.c., and kflownto me to be members or
designated agents of the limited liability company that executed the Mortgage and acknowledged the Mortgage to be the free and voluntary act
and deed of the limited liability company, by authority of statute, its articles of organization or its operating agreement, for the uses and
purposes therein mentioned, and on oath stated that they are authorÎzed to execute this Mortgage and in fact executed the Mortgage on' behalf
of the limited liability comp'a ' "
BY~r
STATE OF
l.LX1 () W1 (£1\.. CS
t.--( FJ COl.-V
COUNTY OF
u.?Lt~ìvu§
I
) SS
I
Residi~g at
LOkC>(7 a.J Cd...; AJT'1 ,
to[ Ç(~o.0Î
We..¡
, My còmmlssion'explres
.jt'
, ;~) {-:. 't:(.:~'/'. ~.
.' '!\ f"rr,·.
.", ,. 0-_. _ _ ..,....~.
1/ ì> I.ßí¡ /TY C" '".I'. 'I
.,'
. ',',
:". ',"
"f-
'~J
t~~m~;m;m
LAS~A PRO boding. v.,. $·30.~.~ ~ar·..Hariarn::l f'IR-o.cl" 50,kllionl. "II:. UI1, ~. .þj R:igh~ R...v.,d. . WV D:~LAS,~~~RO\F:~8:\CFI\I,~~G~.fC TR'?S~
(
"
,~ .., ',:, ¡ ';'¡ ."' " if
: ..~ ~ ;";.'
.;1'
q
~- '.~
¡";".',
,~ .~. ,
':,'
. . .~.. '. - - ''''·w,·.. ,_....;...,..... .,..~.~.,._.:..'_.
,'d; ;'JOVV 1;:DGt..AEi'JT
""'>.1';'-' .... .j..
.,"'¡
f"L
,,'
I: ~f ".1 ',\ ::;:.'
:,"
, "
. ,
¡......¡ ...., :.'
. ~